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HUNGRY drivers may want to use their mobile phones when buying fast food behind the wheel — but since the laws have been tightened is this still permitted?

Here we take a look at whether it's illegal to pay with a phone at a drive-through.

Drivers can't use their phones while the vehicle is moving
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Drivers can't use their phones while the vehicle is movingCredit: Alamy

Is it illegal to use my phone to pay with at a drive-through?

It has been illegal to use a mobile phone for calls or texts while driving since 2003.

This initially only covered small parts of the law, like actually placing the phone next to your ear while behind the wheel.

But as of March 25, 2022, it became an offence to even hold a mobile phone while driving, including both touching or swiping the phone's screen.

The law also applies when you are waiting at traffic lights or have stopped in a traffic jam.

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There are exceptions to this rule though — and using your phone to pay contactless at a drive-through restaurant is one of them.

That said, to be on the safe side it is still probably best to park safely and turn off your engine before using your mobile or other electronic device as a payment method.

Can I be fined for using my phone? 

Under the law, those seen holding a phone while driving — even if the car isn't moving — will be handed six penalty points and a £200 fine straight away.

That's double the £100 fine and three points previously in force.

There's also a chance you could be taken to court and fined a maximum of £1,000.

In this instance, drivers may face a driving ban for their actions.

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You’ll also lose your licence if you're caught using your phone and driving if passed your driving test in the last two years.

What does the current law state? 

In order to use a phone legally at the wheel, the engine must be off, with the handbrake on.

That means that anyone using their phone or a similar device in traffic is breaking the law.

Cops say Brits can only use their phones in a vehicle if calling 999 during an emergency while it's either unsafe or impractical to stop, as well as when paying contactless in certain situations.

According to CommonsLibrary.Parliament.uk: "The vehicle would have to be stationary, and the item being paid for must be provided at the same time or after the contactless payment is made."

Most Common Illegal Driving Activities

Here's a list of reckless driving behaviour and the fines and penalties you risk getting from it.

  • Using phone while driving
    Cheeky glance at a phone screen will result in six penalty points on your licence and a £200 fine
    New drivers might lose their licence if caught doing so within two years of obtaining it
  • Speeding
    Lovers of fast and furious will end up with minimum three points and £100 fine
  • Running a red light
    This offence will incur three points and £100 fine
  • Middle lane hogging
    It constitutes careless driving and police will hand you out a £100 fine with three penalty points
  • Undertaking
    This could possibly result in three points on your license and a £100 fine
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